Lacuna
Subtitle: war crimes in Israeli law and court-martial rulings
By: research and writing, Lior Yavne ; English translation, Shoshana London Sappir
Contributors: Sappir, Shoshana London, translator; Yesh Din (Organization)
Publisher: Yesh Din
Published: 2013
Place of publication: Tel Aviv
Language: eng
Number of pages: 64
Subjects: War crimes; Courts-martial and courts of inquiry; International criminal law; International and municipal law
Other titles: War crimes in Israeli law and court-martial rulings
Work titles: Laḳunah
Description: The family of nations considers war crimes to be among the worst crimes, and it includes them in the group of "international crimes" -- offenses that violate the common values of the entire international community, to which all countries and all people are committed: genocide, war crimes, crimes against humanity and others. Throughout the world special laws are enacted to criminalize such offenses and punish their perpetrators. Israel, too, has enacted clear laws to prohibit and punish the crime of genocide. However, the Israeli legal system does not contain legislation forbidding war crimes and setting corresponding punishments. This report outlines the need for Israeli legislation on that subject. The report reviews the existing provisions of Israeli law, presents international models of legal systems that criminalize war crimes, and examines the Israeli military prosecution's policy and the sentences levied by the courts-martial in cases in which soldiers are charged with crimes that may amount to war crimes. Two test cases included in the report show how the existing legal status in Israel leads people accused of war crimes to be convicted of minor offenses, sentenced to light punishments and in many cases granted a significant shortening of their criminal record. As international criminal law develops, the principle of universal jurisdiction for international crimes expands and the International Criminal Court in the Hague establishes its activity, it should be remembered that the "principle of complementarity" provides protection from criminal prosecution and judgment to those allegedly involved in committing international crimes, as long as the law enforcement system in their country fulfills its role. As such, the international system gives priority to the mother country and its legal proceedings. Therefore, a legal system fulfilling its duty and perceived to be doing so by external observers is of paramount interest to anyone who wishes to defend Israelis against foreign legal intervention.
Notes: "July 2013."

Includes bibliographical references.

Also available online in PDF format from Yesh Din web site.
Table of contents: title: The legal duty to punish war crimes. International crimes; title: What are war crimes?; title: The duty to enact penal sanctions for people responsible for war crimes; title: Different approaches to legislation to punish war crimes; title: War crimes in Israeli law. The absence of war crimes in Israeli legislation; title: War crimes : parallel offenses in Israeli law and missing offenses; title: Israeli Supreme Court : the existing legislation is sufficient, conditionally; title: War crimes in the courts-martial. The laws of war and prosecution of soldiers : the military prosecution's directives; title: Test case : prosecution based on the use of "human shields"; title: Plea bargains : leniency of indictment and sentencing; title: The absence of international law from the courts-martial's rulings; title: Test case : conviction and punishment for offenses of harming bound detainees; title: "Reduced criminal record" : amendment no. 61 of the MJA; title: The need to criminalize war crimes in Israeli law.